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Patna High CourtCWJC/12953/2018disposed

Rajeev Kumar And ANR v. The State Of Bihar And ANR

2020-01-07The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12953 of 2018 ====================================================== 1.

Rajeev Kumar S/o Sri Ramadhin Singh, R/o Village+Post- Sonchari, P.S.- Parwalpur, District- Nalanda, Bihar.

2.

Mai Panchayat Primary Agriculture Credit Co-operative Society, Parwalpur, District- Nalanda through its Chairman Rajeev Kumar ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Co-operative Department, Government of Bihar, Patna 2.

The Registrar, Co-operative Society, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhyachal Rai, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi, AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 Heard learned counsel for the petitioners and learned counsel for the respondents.

Petitioners have prayed for the following relief:- "(i) to declare that Rule 7(4) of the Bihar Co-operative Societies Rules, 1959 is ultra vires the Constitution of India.

(ii) to issue a writ of certiorari for quashing the Rule 7(4) of the Bihar Co-operative Societies Rules, 1959 as being violative of the Constitution of India 97th (Amendment) Act, 2011, Article-43B, Article 19(C) and Article-14 of the Constitution of India.

(iii) to issue a writ of Mandamus

Patna High Court CWJC No.12953 of 2018(2) dt.07-01-2020 2/2 commanding the respondents not to enforce the aforesaid Rule 7(4) of the Rules."

Our attention is invited to the fact that the elections are already stand notified vide notification dated 31st of October, 2019.

If that were so, we are afraid, we cannot entertain the present petition and, therefore, dispose of the present writ petition reserving liberty to the petitioners to raise all issues before the concerned authorities in accordance with law. Our attention is also invited to such similar order dated 10.08.2009 passed in L.P.A. No. 1028 of 2009. (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U